RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00028
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. The inclusive dates reflected on her AF Form 77, Letter of Evaluation (LOE), be corrected to reflect 10 Dec 07 through 29 Jun 09, instead of 10 Dec 07 through 29 Jun 11.
2. Section IV of the contested AF Form 77 be changed to reflect her rating period has been reestablished to 30 Jun 09 through 29 Jun 10.
APPLICANT CONTENDS THAT:
The inclusive dates of 10 Dec 07 through 29 Jun 11 are incorrect as there are officer performance reports (OPR) accomplished for 2010, 2011, and 2012, which are on file in her records.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
During the matter in question, the applicant was a member of the Air National Guard, serving in the grade of captain (O-3).
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
NGB/A1PS recommends denial indicating there is no evidence of an error or an injustice. The applicant has failed to exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction. NGB/A1PS has reviewed this application and indicated the Evaluations Reports Appeal Board (ERAB) is an available avenue of administrative relief the applicant has not first pursued. In accordance with AFI 36-2406, Officer and Enlisted Performance Evaluation Systems, paragraph 1.4.3.2, once an evaluation becomes a matter of record, an evaluation can no longer be accessed for correction. Corrections must be submitted through the ERAB in accordance with Chapter 10.
A complete copy of the NGB/A1PS evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 12 Apr 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
THE BOARD CONCLUDES THAT:
1. The applicant has not exhausted all remedies provided by existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction. NGB/A1PS has reviewed this application and indicated the Evaluation Reports Appeal Board (ERAB) is an available avenue of administrative relief the applicant has not first pursued. In view of this, we find this application is not ripe for adjudication at this level as there exists a subordinate level of appeal that has not first been depleted. Therefore, in view of the above, we find no basis to recommend granting the relief sought in this application.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
The following members of the Board considered AFBCMR Docket Number BC-2014-00028 in Executive Session on 27 Jan 15 under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Nov 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, NGB/A1PS, dated 31 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 12 Apr 14.
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